Vishnu Pandey vs State of Haryana

Naresh Kumar Sanghi, J.

CRM-36250-2013

Prayer in this application is for impleading the complainant, Yashpal Singh, s/o. Brij Mohan Singh, r/o H. No. 552, Mathura Nagar, Ambala City, District Ambala as respondent No. 2. Notice in the Criminal Misc. Application.

At asking of the Court, Mr. Anupam Sharma, AAG, Haryana, accepts notice on behalf of the respondent-State.

At this stage Mr. Parminder Singh, Advocate, puts in appearance for the complainant, Yashpal Singh.

They have no objection if the application is allowed and the complainant, Yashpal Singh, is ordered to be arrayed as respondent No. 2.

Heard.

Criminal Misc. Application is allowed.

Complainant-Yashpal Singh, s/o. Brij Mohan Singh, r/o H. No. 552, Mathura Nagar, Ambala City, District Ambala, is permitted to be arrayed as respondent No. 2.

The amended memo of parties is also taken on record. The Registry of this Court is directed to place the application and the memo of parties at appropriate place of the paper book.

CRM-M-17826 of 2013

Prayer in this petition is for grant of regular bail to the petitioner, Vishnu Pandey, who has been booked for having committed the offences punishable under Sections 120-B, 406, 420, 467, 468, 471 and 506, IPC, in a case arising out of FIR No. 68 dated 04.02.2013, registered at Police Station, Baldev Nagar, District Ambala.

Learned counsel contends that even if the whole 3 case of the prosecution is taken at its face value then also no role has been assigned to the petitioner for the alleged offences for which he has been booked; that the petitioner is behind the bars from 18.02.2013; and that the charge-sheet (report u/s 173, Cr.P.C.) has also been presented before the learned Area Judicial Magistrate and nothing has emerged against him.

Learned counsel for the State very fairly concedes that except the disclosure statement of Rajesh Rajput, co-accused of the petitioner, no other material has emerged on record to connect the petitioner with the offences for which he has been booked. He fairly concedes that nothing has been recovered either from the petitioner or from his co-accused, Rajesh Rajput in consonance with the disclosure statement suffered by him (Rajesh Rajput).

Learned counsel for the complainant though opposed the grant of bail to the petitioner but failed to substantiate his submissions.

Heard.

All the offences for which the petitioner has been detained are triable by the learned Judicial Magistrate Ist Class The petitioner is behind the bars from 18.02.2013. After completion of the investigation, the charge-sheet (report u/s 173, Cr.P.C.) has already been presented before the learned court below. Keeping in view the facts and circumstances of the present case, the present petition is allowed. Petitioner-Vishnu Pandey, s/o. Shital Chander Pandey, r/o Udayapura, Chhatarpur, P.S. Khujraho (M.P.), is ordered to be released on bail during pendency of the trial of the present case subject to his furnishing bail bond to the satisfaction of the learned trial court.